Spanish gas boiler legislation in a rental property.

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02 Feb 2012 00:00 by marlowjen Star rating. 73 posts Send private message

Does anyone know the law for rental houses. We had problems with the gas water boiler. Our landlady an English lady said there were no problems yet the boiler was cutting out and using an awful lot of gas. After 3 requests she agreed to get the boiler serviced and Repsol did this. He said there was bird debris blocking the vent pipe and he drew a map showing the debris and fumes coming back. He tested the appliance and said it was not dangerous, but ever since this happened our land lady has to put it mildly has turned nasty saying they have checked the flu last week when were in the UK and no debris visible! The Repsol guy also moved the gas bottle as he said the pipe had to be straight and not kinked and replaced the fraying hose (one end) We are just amazed at the owners attitude and they are quite young.

Does anyone know what the law is as she has summer rentals and we signed to rent her lovely house, we have to say, from the End of November to June 24.

However as we have never had this type of agro in houses we have rented out ourselves and this house we are now renting, we have decided to look for another property. We have always thought safety was paramount, but obviously not everyone thinks the same sadly. Crazy?

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02 Feb 2012 20:23 by franvidal Star rating in Lo Pagán. 19 posts Send private message

franvidal´s avatar

Hi marlowjen,

Next time (either if you act as the landlady or the tenant) you should include in the rental contract a clause to specify what would be the notice that you should give (as tenant), in order to do what you want to do, that is, to finish the contract before the date agreed in such contract. You know, this time the problem is the boiler, but in the future it could be that you want (or have) to leave because you change your job, or you have health problems, or you don't like the community/neighbourhood... you know, there can be a thousand reasons.

The best is to reach an agreement with the landlady; you can tell her you want to leave the house because it is (according to your criteria) in no good condition to live, and you are going to leave it the 31st march (for instance). This way she will have time enough to look for other tenants (more than one month and a half).

I say "according to your criteria" because, if you are sure you can demonstrate that there is a real problem with the boiler, then you are in your right to claim for it to be repaired (that's the law, art  21 of the Law of Urban Lettings), but if she ignores you, then you should look for a solicitor to sue her and start a long (and expensive) process.

If you don't think she is going to cooperate at all (if she doesn't accept to finish the rent before the original date), whatever communication I was to send, I would do it through burofax, to have proof of everything. You can ask for this to be done by a solicitor in your area, so you don't lose time and make any mistake.

Hope it helps


This message was last edited by franvidal on 02/02/2012.


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02 Feb 2012 21:24 by marlowjen Star rating. 73 posts Send private message

Thank you for your quick response and advice. Will certainly take you advice as I doubt we will buy again at our age, after selling our house in Peniscola.

We have been told by a gas boiler installation company in Spain that "all" holiday rentals in Spain now need by law a yearly boiler service. I image this is EU directive after all the deaths with faulty gas boilers over the years.

If this is not correct please advise.

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03 Feb 2012 07:21 by guslopez Star rating in Lorca, Murcia.. 745 posts Send private message

& if you have a months rent , or more, as deposit don't pay the last months rent as you probably won't be getting the deposit back !


Todos somos Lorca.

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